TITLE 42
State Affairs and Government

SECTION 42-140.1-4

§ 42-140.1-4 Composition and appointment.
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(a) The council shall consist of thirteen (13) members appointed by the
governor with the advice and consent of the senate; nine (9) members shall be
voting members, and the governor shall give due consideration to appointing
persons with knowledge of: (1) energy regulation and law; (2) large
commercial/industrial users, (3) small commercial/industrial users; (4)
residential users; (5) low income users; (6) environmental issues pertaining to
energy; (7) energy design and codes; (8) energy efficiency education and
employment tracking; and (9) municipal energy users. Four (4) members shall be
ex-officio, non-voting members, representing an electric distribution entity, a
gas distribution entity, fuel oil or heating fuel industry, and the
commissioner of the office of energy resources. From the nine (9) voting
members, the governor shall appoint one person to be chairperson of the council
and one person to be vice chairperson of the council; the commissioner of the
office of energy resources shall be the executive secretary and executive
director of the council.

(b) With the exception of the commissioner of the office of
energy resources; of the initial appointments; three (3) members shall be
appointed for a term of three (3) years, three (3) members shall be appointed
for a term of four (4) years, and four (4) members shall be appointed for a
term of five (5) years; thereafter members of the council shall be appointed
for a term of five (5) years and may be reappointed.

(c) A simple majority of the total number of voting members
shall constitute a quorum.

(d) A vacancy other than by expiration shall be filled in the
manner of the original appointment but only for the unexpired portion of the
term. The appointing authority shall have the power to remove its appointee for
just cause.

(e) The members of the council shall not be compensated for
their service but shall be reimbursed for their actual expenses necessarily
incurred in the performance of their duties. The provisions of this subdivision
shall not apply to the executive secretary/executive director.